batavia

Defense attorney Frank Housh’s motion for the disqualification of District Attorney Lawrence Friedman from the Antwan Odom assault case was denied, but the attorneys’ gag order was lifted today during oral arguments.

Housh is the defense attorney for Antwan Odom, the Batavia High School athlete charged with cutting Ray Leach with a knife during an alleged argument Aug. 4. Odom is accused of committing assault in the first degree, which carries a prison term of five to 25 years.

In May, Odom turned down Friedman’s offer to for him plead guilty to second-degree assault. The plea would be unconditional and expose Odom to a potential maximum sentence of seven years.

Housh did not feel there was enough of a guarantee from the court that Odom could be tried as a youthful offender and avoid a lengthy prison term, so his client declined the plea offer.

Friedman also filed an order to show cause (a little memorandum asking the judge to take action) in May requesting a gag order on both attorneys after Housh made statements to local reporters that Friedman considered a violation of professional conduct standards.

Friedman also filed an ethical grievance complaint with the state bar.

In response, Housh filed a motion to disqualify Friedman and assign a different prosecutor from an adjacent county to Odom's case. Housh said this motion was to protect his client from prejudice due to conflict of interest since, as he said he sees it, Friedman is prosecuting both him and his client.

Housh said that when Odom chose to not accept Friedman’s plea deal, both he and his client were attacked. He fears that Friedman’s assignment to this case may lower the public’s confidence in the justice system.

Housh said the grievance caused him to retain counsel and assume that every action he took for Odom would be used as evidence against him. Housh said he now represents his client in an unusual manner, such as consulting his personal attorney before consulting with his own client.

Housh insisted he wants to represent Odom but fears he will have to withdraw from the case due to personal, professional and financial costs. He said that his client’s Sixth Amendment right to counsel cannot be upheld if he is protecting himself from legal action. Odom's family and friends nodded their heads in agreement as Housh spoke.

Friedman explicitly opposed the motion. He said there is no merit to Housh’s argument and described it as “nothing short of ludicrous.” He maintained that Housh violated the rules of professional conduct, so it is not logical for the court to remove Friedman as the prosecutor when he was trying to uphold fair trial rights. 

Judge Charles Zambito rendered the decision that the district attorney did not demonstrate prejudice nor a conflict of interest and did not act in bad faith when he filed the grievance against Housh. So, the motion for disqualification of Friedman was denied.

In lifting the gag order, Zambito said that neither attorney opposed the gag order but that the local media did contact him to oppose the gag order based on First Amendment/free press grounds.

The Batavian filed a memo with the court objecting to the gag order, using material provided by the Reporters Committee on Freedom of the Press. 

Zambito lifted the gag order on the attorneys today.

Judge Zambito reminded the attorneys of the rules of professional conduct regarding extrajudicial statements to the media.

Friedman asked for a deadline for Housh to notify the court of his decision to continue to represent Odom. Zambito did not set a deadline because he trusts Housh will alert the court of any changes as soon as possible.

“With me or somebody else, my client is going to try his case," Housh said outside of court. "We believe strongly that the jury is going to see that this is a clear case of justification. My client was not the first aggressor.

“I think the judge is confident the lawyers understood their obligations. I don’t think I did anything wrong by explaining to the press what my motion was. The judge just wants the case to proceed to trial, and that’s what we’re going to do,” Housh added. 

Odom’s trial is slated to begin Aug. 5 in Genesee County Court.

Scott Bischoping, interim superintendent of Batavia City School District, was welcomed by trustees at the Board of Education Reorganizational Meeting this morning.

Bischoping previously served as deputy superintendent at Wayne-Finger Lakes BOCES. Bischoping will step into the interim role as former Superintendent of Schools Christopher Dailey becomes the superintendent of Gates Chili Central School District.

In the interim, consultants and Board of Education members will conduct a six-month search for the best candidate for the permanent superintendent appointment.

In other action, the board:

• Reappointed Pat Burk as board president for the 2019-20 academic year;
• Swore in Pete Cecere for his three-year board term and reappointed Cecere as vice president;
• Received their board committee and building assignments for the 2019-20 school year.

The next BCSD Board of Education meeting is at 6:30 p.m. July 16 in the BOE Conference Room.

At the Muckdogs' game, the Batavia Lions Club held their annual bike giveaway. This year's winners were Emerson Mager, of Batavia, and Charlie Pratt, of Ware Shoals, S.C.

Photo by Krysia Mager.

A two-vehicle accident with minor injuries is reported in front of 401 W. Main St., Batavia.

City fire and Mercy EMS responding.

At the Arc of Genesee Orleans site on Walnut Street, Batavia, today, the Down Syndrome Parent Support Group of Genesee County Inc. presented a check for $10,000 to help fund the estimated $100,000 cost of remodeling a portion of the ARC's former production facility.

The remodeled facility will become the "GO TO Hub," a place for community prevocational and day habilitation services.

The change in the use of the building become because of changes to service delivery for ARC-type programs throughout the state.

The vision of the Arc’s GO TO Hub is to offer career development and lifelong learning, in a welcoming and inspiring space. When completed, stations will include a teaching kitchen, art and ceramics area, technology center, exercise area, simulated office and meeting rooms with mobile partitions.

Previously, ARC received a $25,000 donation from the Golisano Foundation and $10,000 from Howard Ouriel.

Donations are still being accepted. To find out more, contact Shelley Falitco at (585) 343-4203.

Top photo: Kelly Anstey; Donna Saskowski; front row -- Corinne Phelps, Colleen Fisher, Missy Cook, Lisa Losdon; back row – Gracia Leavy, Sharon White, Wanda Gilbert, Vinnie Tjhumg, Tammi Burbules, Kim Travale, Dawn Fisher, president of Down Syndrome Parent Support Group of Genesee.

Press release:

The Original Red Osier Landmark Restaurant in Stafford presents GO ART!'s 41^st Annual Picnic in the Park on Thursday, July 4^th from 11 a.m. to 5 p.m. at Centennial Park in Batavia.

Event kicks off with a Kiddie Parade. Decorating bikes begins at 10:30 a.m. The parade takes off down Ellicott Avenue hill at 11 o'clock.

Food vendors include Red Osier Landmark Restaurant, Abbott's Ice Cream, Kernel Cravin’ Kettle Corn, Lonsberry Concessions, and Over the Border! Mack Truck, and Ali's Concessions.

Musical performances by Batavia Concert Band at noon, Byrne Brothers Irish Band from 12-2 p.m., Grizzwoode at 2:45 to 3:45 p.m. and again from 4-5 p.m.

Don't miss Old Time family activities between acts, such as sack races, tug of war and a kids’ hula hoop contest.

Explore Arts Tent with kids’ art activities, face painting, bounce house. Mad Hatter performances at 12, 1:30 and 3 in Artisan Alley. Six Senses Escape Room will hold a scavenger hunt starting in Artisan Alley. 

More than 30 arts and crafts vendors on North Street and nonprofits in the lower park.

Uncle Sam wants you at GO ART!'s 41st Annual Picnic in the Park!

George T. Sarkis, 58, of Chili Avenue, Rochester, is charged with endangering the welfare of a child and second-degree harassment. He was arrested on June 26. It is alleged that at 6:16 p.m. on June 20 at Batavia Middle School on Ross Street that Sarkis grabbed a juvenile by the neck and pushed him and threatened physical harm to another juvenile. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on July 2. The case was handled by Batavia Police Officer Christopher Lindsay.

Victoria Anne Smith, 43, of Main Road, Stafford, is charged with petit larceny. Following a larceny investigation, Smith was arrested on June 23 for allegedly stealing money from the mother's purse at 8 p.m. June 20 while on Main Road in Stafford. Following her arrest, she was released on an appearance ticket and she is due in Stafford Town Court at 9 a.m. on July 15 to answer the charge. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Clint Jeffery Towne, 38, of Alleghany Road, Alabama, is charged with: third-degree reckless assault; fourth-degree criminal mischief; and second-degree harassment. He was arrested on Phelps Road in Pembroke following a domestic incident at 7:46 p.m. on June 28. Towne allegedly broke a glass door, causing the glass to shatter and injure the victim. He also allegedly choked the victim. He was arraigned in Pembroke Town Court and released under supervision of Genesee Justice. He is to return to the court on July 9. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Johnathan Nathaniel Taylor, 34, of Edgewood Drive, Medina, is charged with six counts of endangering the welfare of a child and one count of second-degree harassment. At 7:47 p.m. on June 26, Taylor was arrested on Pratt Road in Batavia after allegedly striking an adult female in the face, causing her to fall to the ground, while in the presence of six children under age 17. He was arraigned in Town of Batavia Court and released on his own recognizance. He is due in the court again on July 22. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Mathew Clor.

Brandi Lynn Reuben, 23, of Sand Hill Road, Tonawanda Indian Reservation, is charged with second-degree harassment. Reuben was arrested following a domestic incident at 5:45 p.m. June 26 on Ledge Road in the reservation. She allegedly punched a person in the face multiple time. She was issued an appearance ticket and is due in Alabama Town Court on July 10. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Bobby L. Mobley Jr., 34, no permanent address, Batavia, is charged with: disorderly conduct -- violent behavior; disorderly conduct -- obscene language; and disorderly conduct -- obstructing pedestrian traffic. Mobley was arrested following a domestic incident at 12:45 p.m. on June 19 on Maple Street in Batavia. He allegedly repeatedly used obscene language, blocked the freedom of movement of a pedestrian on the sidewalk and continued his threatening behavior after being repeatedly warned to stop his actions by police. He was due in Batavia City Court June 25 to answer the charges. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Felicia DeGroot.

Maria I. Santiago, 34, of North Spruce Street, Batavia, is charged with second-degree harassment. She was arrested after a physical altercation with another woman at 3:49 p.m. June 18 in a parking lot on North Spruce Street. She is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk.

Kathryn A. Phillips, 41, of North Street, Batavia, is charged with two Batavia Municipal Code violations -- having a dog running at large and having an unlicensed dog. It is alleged that at 5:15 p.m. on May 6 on North Street that Phillips' unlicensed, unleashed dog left her property and attacked another dog. She was issued at appearance ticket for June 18 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Josephine G. Erhardt, 80, of North Spruce Street, Batavia, is charged with a Batavia Municipal Code violation -- having a dog running at large. She was arrested at 4:30 p.m. on June 17 after an incident in which her dog allegedly ran loose after a person and around the grounds of an apartment complex. She was issued at appearance ticket for June 25 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Michael J. Mead Sr., 32, of State Route 19A, Portageville, is charged with falsely reporting an incident. Following an investigation, Mead was arrested for allegedly calling Child Protective Services and filing two false reports at 9 a.m. on June 12. He was arrested at the Genesee County Jail and released on an appearance ticket. He is due in Batavia Town Court on July 15. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Christopher Ridgeway

Christine M. Jones, 32, of Hutchins Place, Batavia, is charged with a Batavia Municipal Code violation -- having a dog running at large. At 4 p.m. on June 19 on Hutchins Place, Jones's dog allegedly ran into the street and at the complainant. Jones was arrested and issued an appearance ticket. She is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Steven M. Lindner, 46, of West Main Street, Batavia, is charged with: unlawful possession of marijuana; criminal use of drug paraphernalia in the second degree; criminal possession of a hypodermic instrument; and criminal possession of a controlled substance in the 7th degree. Lindner was arrested following an investigation into a noise complaint at 10:25 p.m. June 18 on West Main Street, Batavia. He was issued an appearance ticket for July 9 in Batavia City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Peter Post.

    Shonje Jefferson

Christopher A. Ridgeway Jr., 27, of Bridgewood Road, Midlothian, Va., is charged with: criminal possession of a controlled substance in the 7th degree; criminal possession of a narcotic with intent to sell; unlawful possession of marijuana; aggravated unlicensed operation in the second degree; and having an obstructed view. Ridgeway was arrested after a traffic stop at 3:41 p.m. on June 27 on Hyde Park in Batavia. He was the driver. He was arraigned in Batavia City Court and jailed without bail. He is due back in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Shonje K. Jefferson, 20, of Empire Boulevard, Rochester, is charged with criminal possession of a narcotic drug with intent to sell, and unlawful possession of marijuana. Jefferson was arrested at 3:41 p.m. on June 27 after a quantity of drugs was allegedly located in a vehicle involved in a traffic stop where Jefferson was a passenger. He was jailed without bail and was due in Batavia City Court on June 27. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

     Joseph Ruiz

Joseph Lee Ruiz, 35, of North Clinton Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminal possession of a controlled substance in the second degree. He was arrested during an investigation at a residence on Bank Street in Batavia at 10:48 p.m. on June 21. He was arraigned in Batavia City Court and jailed without bail. He was due back in city court June 24. The case was handled by Batavia Police Officer Christopher Lindsay.

Jose Fuentes, 39, of Bank Street, Batavia, is charged with second-degree harassment. On June 7, Fuentes was arrested following an investigation into a complaint alleging that at 10:01 that night he rammed his wheelchair into another resident on Bank Street in Batavia. He was issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Arick Perkins.

Ricardo Sampel, Sr., 50, of Dellinger Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested for allegedly having contact with a protected party at 1 p.m. on June 25 at UMMC. He was jailed without bail and was due in Genesee County Court on June 26. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Peter Post.

Laura J. Reed, 27, of East Main Street, Batavia, is charged with violating an order of protection. She was arrested following an investigation into a disturbance at 11:55 p.m. on June 21 on Bank Street, Batavia. It was determined that Reed was in violation of a court order barring her from the residence. She was arraigned in Batavia City Court and released under supervision. She was due to return to court June 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Thomas M. Rossiter, 34, of South Swan Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- a BAC of .18 percent or more; aggravated unlicensed operator in the third degree; and failure to keep right. He was arrested at 3:20 p.m. June 15 on Otis Street in Batavia after he was involved in a motor vehicle accident. He was issued several appearance tickets and is due in Batavia City Court on July 10. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Kay E. Dilcher, 28, of Sunset Drive, Holley, is charged with two counts of false personation. It is alleged that at 10 a.m. on June 25 on Lewiston Road in Batavia that Dilcher claimed to be another person while she was in town for methadone treatment. She was identified not to be the person she claimed to be and she had several warrants for her arrest in two other counties. She was released on appearance tickets and was transferred to Orleans County Sheriff's Office to answer charges there. The case has handled by Batavia Police Officer Jason Davis,, assisted by Officer Miah Stevens. At 9:14 a.m. on June 27 Dilcher was arrested and charged with false personation after being detained by Batavia PD for an unrelated incident and providing a false name to officers. She is due in Batavia City Court on July 9 for both cases. The second case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Michelle L. Misiak, 53, of South Main Street, Batavia, was arrested after an investigation. It is alleged that she contacted the Genesee County Emergency Dispatch Center at 9:07 a.m. on June 20 and reported a disturbance involving weapons on South Main Street resulting in a police response to the address. It was subsequently determined that Misiak's report was unfounded. He was issued a computer-generated appearance ticket and released. She was due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Kevin DeFelice.

Jessica M. Horton, 28, of Telephone Road, Pavilion, is charged with theft of services. She was arraigned in Batavia City Court on June 7 on an arrest warrant and put in jail on $500 bail. It is alleged that on May 17 on Oak Street in Batavia that Horton failed to pay for a local hotel room that she stayed in. The case was handled by Batavia Police Sgt. Dan Coffey.

Malik I. Ayala, 27, Holland Avenue, Batavia, is charged with petit larceny. He was arrested at 8:52 p.m. on June 7 for allegedly stealing property from a store on East Main Street in Batavia. He was issued an appearance ticket and was due in Batavia City Court June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jesse D. Bowman, 26, of Vine Street, Batavia, is charged with petit larceny. It is alleged at at 9:20 p.m. on June 20 on East Main Street in Batavia that Bowman stole items from a local business. He was processed, issued an appearance ticket and was due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with failure to appear. He was due in court after being issued an appearance ticket for trespass at 11:09 a.m. on June 25 on Walden Creek Drive. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court again on July 9. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Jason Ivison.

A 16-year-old resident of Pearl Street, Batavia, is charged with failure to appear in court May 14 after being issued an appearance ticket. The youth was arrested on June 8 on a warrant out of Batavia City Court. He was released on his own recognizance and was due back in city court June 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. At 3:55 p.m. on June 24, Sponaugle allegedly brought a bag of marijuana into the Genesee County Probation Office. He was released on an appearance ticket in is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Christopher Lindsay.

Michael Ilasi produced this video about the GO Out! Gay Pride Parade in Batavia on Friday.

While Jim Bouton may be retiring from his job with the county as a fire coordinator, his nearly 50 years of service to Genesee County will continue.

Bouton said he will remain with the Town of Batavia Fire Department as a volunteer deputy fire chief.

Bouton, a retired corrections officer, started as a volunteer firefighter in 1972 in Alexander. He was chief by 1983. He took his first job as a fire inspector with the county in 1996. In 2004, he was hired in the Office of Emergency Management as a fire coordinator and training technician.

The thing he will miss the most, he said, is being with the people who became his friends over the course of his career.

"I liked working with a mass group of great folks out there," Bouton said. "I made a lot of friends, a lot of new friends. It was a wonderful experience. I wouldn’t give it up for anything."

After 47 years in the fire service, Bouton said volunteering with a local fire company is definitely a career path he would recommend for young people.

"It might open doors you didn’t think might be there for a career down the road, whether it’s maybe becoming a paid firefighter or a lot of other opportunities that happen because of the association of friends and group of friends you’re going to meet, some door may open," Bouton said.

Top photo: Tim Yaeger, emergency management coordinator, presents Bouton with his helmet and a commemorative helmet stand. Gary Patnode and Diane Bouton are on each side.

Coordinators with the Office of Emergency Management: Gary Patnode, Chuck Dodson, Bill Schutt, Jim Bouton, Tim Yaeger, Don Roblee (retired), and Sean Downing.

City firefighters presented Jim Bouton with a plaque to congratulate him on his retirement. Pictured: Dwane Weathell, Marty Hinz, Jim Bouton, Christine Marinaccio, and Mark Holly.

Mr. Wine & Liquor, long located in the Top's Plaza, has moved to a bigger location just a few doors down, and on Friday, the Rathod family celebrated the grand reopening with a Chamber of Commerce ribbon cutting. The ribbon was cut by the Rashod family mother/grandmother, Mukta Gulab Rathod.

A four-wheeler accident is reported at the Genesee County Fairgrounds, at the race track, in Batavia.

The patient reportedly hit her head and is pregnant. 

Town of Batavia fire and Mercy EMS responding.

Here's video from yesterday evening's GO Out!, gay pride parade, in Batavia.

This is a complete photo gallery from my attendance of events and ceremonies in Washington, D.C., this week for David Bellavia receiving the Medal of Honor. Some of these photos come from events that no other photojournalist attended.

A car and motorcycle accident is reported at Route 98 and West Saile Drive.

No word on injuries.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 9:07 a.m.: Town of Batavia units can hold in quarters.

OPEN HOUSE: 7773 Macomber Road, Oakfield. Super solid country home in the middle of fields – beautiful location! Outside landscaping is beautiful in spring, summer and fall with endless perennial flowers and pretty patio to sit and enjoy.

Inside is super homey and waiting for the next owners updates! Extra large room sizes and storage galore. Oversized back sum room with pretty tongue and groove woodwork and lots of sliding doors to welcome the breezes and also includes propane stove to carry it into the colder months.

Inside features country kitchen with laundry nook, spacious dining area and cozy Livingroom with beautiful stone wall propane fireplace. There is a large newer first floor master bedroom and oversized first-floor bath as well as two bedrooms upstairs. Easy to see! Click here for more information or call Lynn Bezon today to see this listing.

3233 Pratt Road - Town of Batavia: 1991 Fairmont 14x76 with a permanent 25x19 side addition that gives this home extra roominess that you don't get with the others! Spacious and homey and well kept is what you will find with this three bedroom, two full bath home.

The floor plan is great and the kitchen is wonderfully big with a ton of cupboards! Pretty landscaped yard with covered open porch and nice shed for all your extras! Click here for more information or call Lynn Bezon today to see this listing.

59 North Pearl Street, Oakfield. More than what meets the eye this solid commercial building with a space for everyone! Attractive large office space that has large private conference room main office space and front office.

There are two huge bay garages with oversized overhead doors-one heated. Separate storage or equipment rooms if needed. Upstairs features large nicely finished three rooms and small kitchenette could be extra office space or living quarters!

This place will surprise you with how nicely done and the endless possibilities that it has to offer! Easy to see! Click here for more information or call Lynn Bezon today to see this listing.